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This is WHBC AM Canton News Talk 1480 WHBC. >> The trial begins today for a local woman
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accused of killing her husband on New Year's Eve. >> It had happened so fast and he had put
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his hand over my my nose in my mouth and I couldn't breathe and he's shoving me.
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He's like, "Go to the bedroom, [ __ ] Go to the bedroom." And I'm going I'm like
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I'm like, "Okay, okay, okay. I'm going. I'm going." >> My name is Scott Rotor. I'm an evidence
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specialist. I received a phone call, a domestic homicide case, a woman who's being accused of murder.
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>> And I'm like, I'm going to call the cops. And he grabbed me and he shook me like this. And he took my phone. He
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goes, "You want to I'll give you a reason to call the cops, you dumb [ __ ] I'll give you a reason.
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He walked out. He left. He left the room and he went down the hallway screaming it over and over again.
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>> Everybody was really interested in this trial because it was this small town with this beautiful young lady who's
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being accused of this horrible crime. >> I walked out into the hallway and I had
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the gun at my side. He said, "Where do you think you're going?" And I said, "I'm I'm leaving.
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I'm going." And he started to walk towards me and I raised the gun. >> We've got a dead man.
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And we've got a woman whose life is hanging in the balance. She's the only eyewitness to this
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situation. >> And then it was over. It was so quick. and he was on the ground and and I was
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still holding the weapon out and I was still pulling the trigger. >> Some people were immediately making a
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judgment for this is a battered woman. >> My daughter is innocent. She's innocent
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of murder. >> And then some other people were immediately making a judgment. Cold
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bloodooded killer. >> How could she even do that? >> I think she's a monster. >> People want to rush to an opinion. and
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they want to rush to the story before the evidence even has been analyzed. I stick to the physical and the forensic
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evidence. >> What was your purpose in firing that first shot >> to to stop Rob? My life is in danger.
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I was just trying to stop him. I I was defending myself. Evidence in a criminal court of law.
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They can send a defendant to prison for life or prove their innocence beyond a reasonable doubt. We'll go behind the
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closed doors of legal strategy sessions and cutting edge evidence analysis to show just what it takes to convince a
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jury that you have the most compelling evidence of all. Sometimes I'll work for the defense,
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sometimes for the prosecution, uh sometimes for the plaintiff, sometime for the uh for the defendant. I look at
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the totality of the evidence and put it together kind of like a puzzle. This isn't about emotion. We evaluate
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the evidence. We conduct experiments. We reduce it to a visual presentation [music]
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and then we try to demonstrate that for the benefit of the jury. If you hire me, you get what you get.
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And I'm going to do my best to to demonstrate what I think the truth is. Ultimately, at the end of the day,
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that's what we do. Heat. Heat. Well, two months ago, I moved to uh Los Angeles, California to open up a new
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office. Just settling in. You know, I get the phone call on this domestic homicide case, of course, back in my
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hometown. So, you know, yesterday I jumped on an airplane and now I'm back in Cleveland.
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I lived in Cleveland all my life, born and raised here. Scott Rotor has come home to work a
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murder case. >> We've got an interesting case. Young lady is being accused of murder.
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Uh she shot and killed her husband apparently over some sort of a domestic dispute.
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>> Cleveland defense attorney Ian Freriedman has hired Scott and his company to help convince a jury that his
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client had only one choice. Kill or be killed. >> Thanks for coming on board. >> Oh, sure. My pleasure.
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>> Scott Rotor is not a lawyer, not a detective, and not a forensic scientist. His specialty, using evidence to create
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visual presentations of a crime. >> Who's the defendant in this case? >> Uh the defendant in this case is Colleen
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McCernan. 28 years old, white female, married to Rob McCernan. >> The victim. >> The victim. Yes.
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>> Uh Colleen has been charged with one count of murder. >> All right. This happened on New Year's
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Eve in the minutes just before, you know, the ball would drop. >> New Year's Eve, December 31st, 2014.
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Colleen and Robert Mccernan went out to celebrate with friends, but wound up at each other's throats. Back at home,
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their night ended with this call. >> 911. You need police fire medical. >> Listen to me. I'm really drunk and my
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husband his hands on me again. >> Where are you? >> I I killed him with my gun. >> Where are you?
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>> Rob was found lying face up uh with 10 shots, 9 mm uh casings uh surrounding the body. All 10 shots hit. Uh we've got
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uh eight to the trunk, two to the head. Uh there's not going to be any dispute as to who the shooter was. There's not
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going to be any dispute to what the weapon was. >> You've got an interesting situation here
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with regard to was it self-defense or was it murder? That's I mean that's the big question of the day, right? Are
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there any witnesses, neighbors, you know, through open windows or heard yelling or anything like that at the
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time at the location of the actual [music] shooting. >> So, the only thing that we have there
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was no one else in the house. Uh no one saw any fighting, no screaming inside the house. And that's why I'm pretty
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comfortable saying to you again, there are really only two parties who could have stated what was going on inside the
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house at the time. >> And now only Colleen McCernen is left to tell that story. >> The state's going to say, ladies and
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gentlemen, uh she committed murder and we're going to say that uh she reasonably feared for her life uh and as
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a result she did what she needed to do. There is a history that we will be bringing forward at trial of physical
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and uh mental abuse at the hands of Rob that night. He was physically assaulting
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her. She felt that she had to leave the house and he was not going to allow that
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to happen. So she went and got the firearm for the sole purpose of leaving. I believe that Colleen McCernan is a
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cold-blooded murderer and justice needs to be served for Rob. >> Jennifer Dave, lead prosecutor for the
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state of Ohio, disputes Colleen's claim of abuse. Day suggests that her true motive was money. Weeks before the
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shooting, Rob's life insurance policy was changed, making Colleen the sole beneficiary.
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she was going to get 100% which means that you know had he died she would get $200,000. She saw her opportunity on
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December 31st at the end of that tumultuous night. >> We believe that the evidence showed that
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she shot him when he was trying to leave. Uh he had his coat on, his shoes on. The jury, they're going to hear the
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state say murder, murder, murder. And I need them to see that she had no choice that evening. If she were to protect
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herself, she had no choice but to do what she did. >> Which is where Scott's skills come into
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play. Ian basically asks you to recreate what happened that night. >> Yes. >> He and his team will build a visual
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model of the defense's theory of the crime for the jury. I think it would be invaluable if we could show them, okay,
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using technology today, if we can show them what happened uh that night in the house.
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>> Absolutely. >> It's very simple >> and it's a, you know, a situation that I believe people will understand,
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>> you know, once we're done showing them what happened. they'll see that you could have put anyone in her shoes that
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evening and any of those people uh would have felt that in order for them to leave that house safely, they would have
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had to have done what she did. It's sad, but that was the choice he made that night.
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>> Okay. >> Right. >> Well, that was interesting. Um I think they definitely have their case strategy
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laid out well. So, I think the next step here is going to be to collect my staff
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up, go over all of the evidence, and hand out the assignments and really start [music] the reconstructive
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process. Since starting the evidence room in 2002, Scott Rotor has worked on hundreds
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of cases. We work all across the country and sometimes across the world. >> How do you measure success?
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>> Well, I think you know success is it's not about money or win loss ratio. We're
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trying to put forth um you know our process and our methodology hopefully to find [music] justice
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>> which is what they were hired to do in 2014 for probably their most notorious
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client, South African superstar, the Bladeunner Oscar Ptorius. The stunning murder case against the bladeunner.
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>> He was charged Thursday with murdering his girlfriend. >> Distorius was tried for shooting Reva
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Steinamp in his home, claiming he thought she was an intruder. >> It's a case that's riveted the world.
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The Blade Runner, the fastest man on no legs, charged with killing his girlfriend.
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>> You fired at Rever. >> I did not fire at Rever. You referred to this incident or this occurrence as an
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accident. Is that correct? >> That's correct. >> Rotor's team was brought in by the
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defense to illustrate what Ptorius says happened that night. >> Oscar in his story, he said that uh we
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woke up in the middle of the night and heard a sound in the bathroom. >> Was at this point that I heard a window
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open in the bathroom. >> What did you think at the time, Mr. Ptorius? my lady, that's the moment that
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everything changed. And >> it was just this unfortunate circumstance where as he approached his
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girlfriend who was hidden in the toilet inside of the bathroom and he was screaming for her to call the police
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thinking that she was in the other room and unfortunately he shot his girlfriend
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Reva and accidentally killed her. >> I was crying out for Reva. I was screaming. I sat over Reva and I cried.
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Though never shown in court, this animation helped the Ptorius defense team develop its strategy.
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>> So I was obviously checking the bathroom and then I >> In this video, the defense had Oscar
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reenact his movements as part of their research. Ptorius in another house demonstrated what that night was like
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without his prosthetic legs as he made his way to the bathroom. And I felt that it was a very honest rendition of the
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story and that he was not guilty of murder. >> But Pistorius was found guilty not of
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murder but of culpable homicide. [music] >> In layman's terms, manslaughter. According to the judge, Oscar Ptorius
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did not intentionally kill Reversteion, but acted negligently in firing four shots through his bathroom door.
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Ptorius was sentenced to 5 years in prison, but later his conviction was changed to murder and his sentence
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doubled. >> Uh, today we're going to be discussing a new case. >> 48 Hours hired Scott Rotor as a CBS News
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consultant to give us a rare inside look at what it takes to build a defense case. It's
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>> a domestic homicide. Uh, we're going to be defending uh a woman by the name of
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Colleen Mccernan. >> Tell me about the team. Who's on the team? >> Uh Amy Mezer. Uh she is my logistics
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coordinator. Uh Patrick Mooney, my biomedical illustrator. Marcus Sedot, criminal defense attorney.
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>> She was a military police officer. >> She was. Yeah. I think that's pretty interesting. Um
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>> 15 months in Turkey, deployed to Afghanistan. So she has four years in the four years
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of active duty in the Air Force. In the fall of 2013, 25-year-old Colleen and 28-year-old Rob, both living in the
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small town of Masselon, Ohio, were introduced by a mutual friend. Not quite 7 months later, they were married.
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>> And they had only been married for less than a year at the time that this happened.
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>> This is not your usual wedding photo. The bride posing with guns. At the time
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of the shooting, she worked in a bank and he worked as an oil driller. >> [music]
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>> Now, the husband also has military experience, military training, >> and it turns out he also had a history
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of domestic abuse as well. >> These documents that are sitting out here are the prior history of abuse
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against other women. >> I believe that there's uh indications in the record that Rob had u multiple
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restraining orders against him from prior girlfriends and prior relationships. Also in the record, this [music] 2013
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911 call from one of Rob's former girlfriends. >> Last one, please. >> Hi. Um, I need to speak with a police
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officer [music] about filing a police report for someone trying to kill me. >> And this person's name,
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>> Robert Mccernin, >> ex-girlfriend, >> ex-girlfriend. >> Um, she said pretty much immediately he
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started becoming extremely controlling. Um, she said that that that was her first red flag.
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And then um the domestic violence was shortly thereafter. >> Did she state that he ever struck her?
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>> Yes. >> And Colleen had called 911 before about Rob. >> She did. Yes. >> Yes, ma'am. This is Colleen Mccern and I
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called earlier. You left me a voicemail. >> Right. You called and you said that you
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did not want your husband coming back there, but you hung up on me twice. What's going on?
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>> Okay. Are you hurt them in any way? >> No, I'm not hurt. No. You said on me, but he did not leave a mark.
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>> But is there enough evidence to show that Colleen was abused by Rob? Prosecutor Jennifer Dave says no.
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>> There was no photos, no police reports. >> The state's position is Colleen used
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Rob's history as a cover for murder. >> I know there are true women out there that are battered.
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She's not one of them. I >> tell you right [music] now, I hope Colleen's story vets out because if it
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doesn't, we're going to be able to find we're going to be able to tell pretty quickly.
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What's your full name again? >> Colleen Marie Mccern. >> Mernon. Is that how you say that?
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>> MC C E R N. >> Okay, Colleen, have a seat right there. I'll get them cuffs off as soon as I
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can. >> Colleen Mccernan spent the first hours of 2015 in the custody of the Massalon
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Police Department. Her husband, Robert Mccernan, never saw a single second of the new year.
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>> What's Colleen's demeanor when she's down at the police department? >> Uh, well, I mean, she would be excited,
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uh, upset, crying, devastated. [clears throat] >> [crying] >> And then I believe she kind of just kind
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of calmed down and um she stopped crying uh and she just I think was probably in
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a state of shock. >> You know, a lot of people in trauma, you know, are just, you know, in shock and
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just horrified. >> State prosecutor Jennifer Dave has a different opinion. Can I use the
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restroom? >> Thank you. One second. >> She's sitting there and you can see her literally after the detective leaves the
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room, she picks up those papers to see what's on them and then she puts them back and then make sure she turns them
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to make sure they're neat, you know. So, this is this was cold and calculated. She knew exactly what she was doing.
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>> This picture was taken. What are we looking at? Well, this is a picture of Colleen [music] uh taken uh at the
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police department right after she had surrendered to law enforcement. And you can clearly see that her entire
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face is uh covered in blood. >> And the blood came from >> the blood on Colleen's face is as a
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result of her giving CPR to Rob after she shot him. >> You're being charged. You understand?
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You have to be charged. Okay. the proper cause is there doesn't mean you're convicted of anything. Okay.
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There's probably more to the story. We don't know. We're not here to judge you. Okay.
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>> And when police arrived, what did she tell them? >> Um she told uh law enforcement that she
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wasn't going to let him do it to her again. He was going to hurt me >> and I couldn't. That was the last time
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he was going to hurt me. I wouldn't even want to happen again. I don't care. >> And um I think that's when in her mind
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uh she was thinking that the situation was self-defense. >> I told him I said next time he touches
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me I'm going to kill him. I didn't really want him to die though. >> And you know she claimed at that time
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you know hey I was just defending myself. Continuing their work, the evidence room team focuses on Colleen's
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state of mind. >> I hear that she's talking about all the fear that she had. I don't see a very
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serious physical interaction prior to the shooting. >> He He was pulling her hair.
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>> Exactly. >> He was possibly on drugs. >> Okay. >> He's got a long history of violence
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against women that's documented over years and years and years. That's in her mind. So,
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>> fair enough. In essence, she's got to say, "I can't leave. You know that there's going to be imminency to serious
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physical harm." So, I had to rely on my training. And then I shot him. >> I think that if I'm if I'm holding a gun
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and there's a a larger male coming towards me in a in a threatening manner, I I would shoot for sure. I hear often
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from other females, from, you know, my friends that why not just why not just shoot him in the leg? Why wouldn't you
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just shoot him in the leg? Because she's she's trained to shoot to kill. If I'm shooting someone, I'm going to shoot to
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kill them, >> right? >> Was it self-defense or was it murder? That's I mean, that's the big question
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of the day, right? But all of this other information is, okay, how close were they? How far were they? You know, is
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there evidence to demonstrate that he was attacking her? This is um an autopsy photograph of Robert. Um, why don't you
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guys go ahead and take a peek at that? Now, he had um had two shots to the face. Uh, one through the right eye and
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one into the mouth. Um, got pass that picture around. You guys see anything interesting on
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that picture that might help us out? Is that stippling? >> Yep. That's a close range shot.
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>> Explain what stippling is. >> Well, stippling is uh when you shoot a gun, uh the bullet is uh propelled out
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with gunpowder and as that bullet travels, the gunpowder travels with it. And for a short period of time, that
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gunpowder is hot and can burn, make burn marks. And that's indicative of the muzzle of the gun being very close to
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the target. >> Meaning Colleen shot Robert at close range. >> How close? >> Well, we need to conduct an experiment
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to determine exactly how close it was. In the next couple of days, let's get this exact gun. Let's get this exact
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ammunition and uh we can go to the firing range and set up a a test, >> okay, >> so that we can try to duplicate that
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stippling pattern. >> But that's not the only test they'll have to do. >> She does not have a memory of the
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shooting itself, realized that she emptied her gun of all 10 shots. She estimated the shooting took no more than
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about 3 seconds. In your mind, when you learn that Colleen says that she fired these 10 shots in about 3 seconds, what
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are you thinking? >> It's pretty fast. I'm not sure how fast I could discharge 10 rounds.
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>> Pat, you're a pretty experienced firearm handler. How fast can you get off 10
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shots with this weapon? >> I want to say within 15 seconds. I I think she states 3 seconds. You're not
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going to fire 10 rounds in 3 seconds. >> I disagree with you. I I I think you can
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fire 10 round. I mean, this is semi-automatic. >> Semi-automatic >> 9 millmter. 3 seconds. One, two, three.
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>> I don't think you're letting off 10 rounds in 3 seconds. >> All right. Well, we'll test it.
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>> But perhaps the most critical question in this case is this. In what order did
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Colleen fire those 10 shots? >> Where was Rob standing when he received the first and last shot? What shots were
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first? What shots were last? Can we determine a sequence? >> Prosecutor Jennifer Dave contends
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Colleen first shot Rob in the back. >> He's getting ready to leave. She shot him in the back first. First in the
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buttocks. Then as he's turning, he she was uh he was shot in the on the back three times. And then as he's turning
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around twice in the on the arm and then twice as he's going down in the front chest and then walks up to him and
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shoots him in the mouth twice. Basically telling him that he can't speak anymore.
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>> But Colleen says those two shots were first. >> There's a gunshot wound to the upper
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right lip. Gunshot wound number two. Entrance wound of the left upper lip. below the vertex of the head. The bullet
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traveled from front to back, upward and slightly left. That's going to be a key piece of evidence there.
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>> You don't know whether the shots to the face were the first shots fired, the last shots fired.
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>> We don't know that yet. >> And does that make a difference? >> It makes a big difference.
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>> Why? >> If the shots to the face were last, then this is murder. The only way that this is self-defense
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is if the shots to the face were first. >> That's a key point. >> Very key. So, there's a lot that we're
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going to need to do to uh investigate Colleen's story. >> To fill in those blanks, Scott is
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planning to go straight to the source. We're going to have an opportunity tomorrow, I believe, to actually [music]
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meet with Colleen herself and walk through um the exact sequence of events. We're going to basically take the same
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strategy that we did [music] in the in the Oscar case. You know, we're going to walk her through the scenario and um you
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know, have her step by step show us how she was positioned, [music] where he was, you know, how this whole
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thing evolved. >> What are you expecting from this meeting with Colleen? Hopefully the truth.
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It's the evidence room team's job to ask questions and find answers. But in this
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case, there's absolutely no question that on New Year's Eve 2014, Colleen Mccernin shot her husband, Rob. What's
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still unclear is why. Was it self-defense or coldblooded murder? To answer that question, Scott Rotor turns
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to the one person who can take him back to the scene of the crime. Well, we're waiting for Colleen to
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arrive um for a uh one-on-one interview. >> Under house arrest and [music] awaiting
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trial, Colleen Mccernan arrives for a meeting with her attorney and Scott. You know, what I hope to accomplish today
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with Colleen is to really break down [music] that, you know, 3 seconds in time, uh, from the time that she, uh,
00:27:01
you know, felt [music] in fear for her life, uh, to the time that she discharged a weapon.
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I want to jog her recollection. Uh just see if there's any actionable data that I can test from her statements and I
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want to get her to interact with me and demonstrate with me and to me what happened. You know, I'd be lying if I
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said I wasn't a little bit nervous. >> Colleen, nice to meet you. >> Hi, nice to meet you, too.
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>> Have a seat. So, you know, Colleen, as you know, you know, my job here is to work with you to prepare, uh, a forensic
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animation, uh, to share with the jury, uh, you know, your version of the events as you recall them. So, I need you to be
00:27:44
as specific with me as to your recollection, uh, as much as possible. And hopefully that'll be a powerful
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tool, you know, for the jury to really understand what happened, you know, that night. Are you surprised by the woman
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who shows up? >> Uh, I am a little bit surprised. Um, she was very cordial. She was, um, you know,
00:28:08
very conversational. She seemed like a very confident woman, but I didn't want to let that affect the investigation.
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So now, uh, at some point in the evening, you know, it's New Year's Eve. Um you um probably went out to celebrate
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New Year's Eve with some friends, right? >> Um well, Rob and I left the house and
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went to a bar um alone, just the two of us. >> Okay. >> And um we played pool there and um we
00:28:41
had uh we we did drink a little bit. Um, and then we went from that bar to uh his friend's house.
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>> Colleen and Rob got to their friend Britney Martin's New Year's Eve party around 9:00. They stayed for about an
00:28:57
hour, then headed to this nearby bar with two friends. After a couple of rounds of drinks, they returned to the
00:29:03
party. >> So, they all went to the bar. They were gone maybe 20 minutes. They were back before
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10:30. In this police interview, Britney Martin describes the scene she witnessed
00:29:14
in her backyard that night. >> We got to the back door. Um, she was screaming in in Rob's face. And I said,
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"Hey, there's an infant in that house next door. Her bedroom's on our side of the house. You guys can't be out here
00:29:25
screaming like this. So, either she's got to stop or you guys have to go." And Rob said, "I'll just go. We'll just go."
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So, they came up. He um walked into the door first and he looked at Zach. He's like, "Not a big deal. She's drunk. I'll
00:29:37
just take her home. That's what it is. And then she came up behind him and she turned around as she came through the
00:29:44
front door and looked at us all and said, "Remember, this wasn't my fault." >> At that party, Colleen had accused Rob
00:29:52
of uh doing some sort of drugs out on the back patio. It caused a big fight, but ultimately uh that fight led them to
00:30:01
leave the party and go back to their home. According to the coroner's report, there were no drugs found in Rob's
00:30:08
system, but he was legally drunk. >> There was an altercation in the car. >> He's driving fast. And is he drunk at
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this point in time? >> Absolutely. >> What do you learn from about their ride home?
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>> The only person that can tell us the story about the ride home is Colleen. And what Colleen says is that Rob was
00:30:27
extremely abusive and threatening to her. >> And he opened my door and he unbuckled
00:30:31
me and he ripped me out. So you unbuckles your seat belt and how does he grab you
00:30:36
>> when he grabbed me? It was he put his arm around me. Hang on. I'm sorry. Like
00:30:43
this. >> And Colleen was a did a very effective job on, you know, kind of relaying to me
00:30:48
how Rob grabbed her out of the car. How her feet were dangling as she was, you know, being pulled into the house.
00:30:55
>> His his hand was over my mouth, so I couldn't breathe. >> Okay. >> And I couldn't speak. And he carried me.
00:31:02
I could touch the ground somewhat and I tried kicking him, but I I wasn't able to breathe or speak at all and he took
00:31:09
me all the way up to the house like that. >> By the time they made it inside, it was
00:31:13
about 11:00 p.m. and the night quickly went from bad to much worse. >> They were in the hallway, which is right
00:31:19
at the top of the stairs. Daddy grabs her by the back of her neck and pushes her down the hallway in toward the
00:31:26
bedroom. He's telling me to go to the effing bedroom and he's shoving me down the hallway and I'm telling him to stop
00:31:33
because he's hurting me. >> Now alone in her bedroom, Colleen says that she tried to call police for help
00:31:39
but caught Rob's attention instead. >> According to Colleen's story, uh he grabs the phone, he shakes her
00:31:45
violently, >> and he like screamed like an animal in my face and shook the crap out of me
00:31:52
>> with what did he say? >> He didn't He just screamed. He like roared like an animal and when he's
00:31:59
leaving he's like I'll give you a reason to call the cops you [ __ ] and he left.
00:32:04
>> At that particular point um she collects her weapon which was casually laying out
00:32:10
in the bedroom. >> Um I was terrified and I didn't know what his threats would entail but I
00:32:17
thought that my life was in danger and um the gun is right next to me. Colleen says she kept a loaded gun in the open
00:32:24
on the window sill near her bed. [music] >> And then she grabs collects her gun,
00:32:27
meets him in the hallway, and says, "Get out of my way. I'm leaving. You're not doing this again."
00:32:31
>> And I stepped forward out of the light of the doorway. Okay. >> To my bedroom, and he was there.
00:32:37
>> Is Rob in between her and the exit. >> That's correct. Colleen leaves the bedroom. She's in the hallway just past
00:32:44
the the doorway. >> And I told him I was leaving. He took a step towards me and and I raised the gun
00:32:52
and I said I said to back up. >> Okay, >> I need you to back up. And he said, "You're not leaving." And came towards
00:32:59
me. >> She said that Rob came toward her. Took a big step for forward toward her with
00:33:06
his arms out almost as if to either grab the gun or grab her. >> So he was you thought he was coming to
00:33:12
grab the gun? >> Yeah. >> Okay. So he came at you to grab the gun and when did you start firing?
00:33:20
it immediately. >> A former Air Force security officer, Colleen was well trained in using a
00:33:25
firearm under stress and says that training saved her life. >> I mean, they always say that when you're
00:33:30
put in a stressful situation, you always revert back to training. >> Center mass.
00:33:34
>> So, it's it's two shots uh two two shots to the heart, one shot to the head. >> But Colleen didn't fire three shots, she
00:33:42
fired 10, all hitting her husband. >> This is where he came forward. Okay. And um and when I was firing,
00:33:54
he ended up with his feet ending here and I was standing there. >> There were some shots to the back.
00:34:01
>> Yes. >> Alarm bell for you. >> Absolutely. Yeah. That's a big indicator. Now, you know, I do a lot of
00:34:07
police involved shooting cases, and one of the big no nos in police involved shooting cases is shoot somebody in the
00:34:13
back because that means they're going away. They're moving away from you. And if somebody's moving away from you,
00:34:18
they're no longer a threat. Uh so that is concerning to me, but in this situation, there's other gunshot wounds
00:34:29
that aren't in the back. So, we're going to have to work that out. >> You must have had a million questions
00:34:35
going through your mind hearing this story. >> Well, I did, you know, focused in
00:34:39
primarily on the physical and the forensic evidence. you know, I just want to give you my asurances that, you know,
00:34:45
we're going to do the best job that we can uh to um you know, accurately, [music] you know, represent
00:34:53
uh what happened that night. >> Okay. Thank you. >> Okay. >> And it was nice to meet you, too.
00:34:59
>> Nice to meet you, Colleen. >> Um walking away from this meeting with Colleen, what are you thinking?
00:35:05
there was a uh an opportunity for her here to either confirm my suspicions uh or really, you know, turn everything
00:35:16
on its head. But her demonstration on how those first shots took place makes sense,
00:35:24
at least at this time. you know, after meeting Colleen today and, you know, getting her side of the
00:35:34
story, you know, I really felt the fear that she was going through. Um, you know, a lot of what she told me,
00:35:46
almost everything she told me, you know, seems [music] to just match up. You know, we'll see how it plays out with
00:35:51
the physical evidence. Like I said, it's early. Um, you know, we're just collecting data at this point. You know,
00:35:57
we'll just have to take it step by step. >> But before Scott can do that, he'll have
00:36:04
to turn his attention to a new client and a new case. >> In three, two, one. [music]
00:36:27
>> [music] [music] >> with the evidence room team beginning its work on the mccern. case in Ohio.
00:36:56
Scott Rotor heads back home to California. Not for a break, but to take on a new
00:37:04
challenge. Emmanuel Bracie versus the city of Los Angeles. How did you first hear about the Bracie
00:37:12
case? >> I received a phone call from Brian Dunn, who's the managing partner of the
00:37:18
Cochran Law Firm in Los Angeles, California. >> As in Johnny Cochran. >> That's right. was one of my very first
00:37:23
clients. >> Founder of the Cochran firm, Johnny Cochran, who died in 2005, is probably
00:37:29
best remembered for his defense of OJ Simpson. >> Remember these words, "If it doesn't
00:37:35
fit, you must have quit." is an incredibly talented lawyer, incredibly passionate lawyer when it
00:37:43
comes to uh prosecuting on a civil arena, police involved shooting cases, and other cases regarding civil rights
00:37:53
uh here in the Los Angeles community. And this case is just that, a civil suit against the city of Los Angeles brought
00:38:00
by 22-year-old Emanuel Bracie, who was left partially incapacitated after being shot by four LA Police Department
00:38:09
detectives. So Bracie suing LAPD. >> That's correct. >> It's a miracle that we're sitting here
00:38:14
today fighting a case for Emanuel Bracie and not his uh family members. You don't
00:38:20
get shot like this and survive. miracle maybe, but Emanuel Bracy is anything but
00:38:28
a saint. He's a suspect in a string of armed robberies. >> So, not exactly a good guy, not exactly
00:38:36
somebody you invite over for Thanksgiving dinner, but he still has rights. And that's what this case is
00:38:41
about. >> If you talk to someone on the street about it, they're going to say, "Why
00:38:45
would you possibly take the case for this guy? He is a criminal. uh he is a minister to society but he has a right
00:38:55
to be free from excessive force from police officers. >> On the morning of June 24th, 2010, Bracy
00:39:01
was under surveillance by an LAPD special robbery investigations unit when he was seen leaving a checkandgo
00:39:08
location which had just been robbed at gunpoint. And then after he gets the money and he leaves getting a nominal
00:39:14
amount, 800 bucks or something like that, and he drives away and they wait until he gets into an area that they
00:39:24
consider safe enough to pull a VCT maneuver. >> VCT, >> correct? Vehicle containment technique.
00:39:32
And what happens is Emanuel Bracy is uh pulls right he's right here on the side of the road and one of the officers
00:39:41
pulls in front stops one of the officer pulls behind stops bumpers touching and then the third officer comes in at an
00:39:50
angle. This is where both parties disagree what happened next. Three of the four detectives say they
00:40:03
saw Bracie with a gun and they opened fire. >> He is injured very severely, but he
00:40:13
survives and he was able to kind of fall out of the car under his own power with his
00:40:19
hands up where they arrested him. Uh, and then that's when they started searching the vehicle.
00:40:27
Bracie was taken to a nearby hospital with a shattered shoulder and left arm, broken rib, collapsed lung, broken jaw,
00:40:35
and multiple fractured vertebrae. >> One of the detectives said there were there's something like 23 holes [snorts]
00:40:41
uh in his shirt in the back of his shirt. >> Bracie, confined to a wheelchair from
00:40:45
his injuries, plead guilty to two counts of armed robbery and was given a sentence of 25 years to life in prison.
00:40:53
But that hasn't stopped him from seeking what he sees as justice. >> Why is he in a wheelchair for the rest
00:40:59
of his life? >> The attorney for the city is going to say no. This is because of the decisions
00:41:04
that Bracie made. >> This is because of the things that he did. It was his decision uh to rob that
00:41:09
store. And if he had not robbed that store, he would not be there. We're going to basically say no.
00:41:17
Yes, he would have been in jail. Yes, he would have spent several decades in prison. Uh but why is it that he has the
00:41:22
injuries that he has? It's not because of that. It's because of the actions of these detectives.
00:41:27
>> But the detectives were responding to a dangerous situation, attempting to apprehend a suspect in an armed robbery.
00:41:33
They say they gave the command to show his hands, but he did not comply. It was at this point, according to the
00:41:40
detective statements, three of the four detectives saw Bracie with a gun. And all of them opened fire, leaving both
00:41:47
Bracie and the car heavily damaged. But when they searched the car, there was no
00:41:52
gun in plain sight. Instead, they found a gun wrapped in cloth hidden inside an air conditioning vent in the dashboard.
00:42:00
And though the inside of the car was covered in glass and blood, the gun was in remarkable condition.
00:42:07
>> Right here is the air conditioning vent. Inside this air conditioning vent is
00:42:12
Bracy's gun. Bracie was sitting right here. Uh we can see all the glass and debris all over the place. What can you
00:42:20
see about this gun? I mean, >> looks clean. >> In fact, it is clean. It was taken to
00:42:27
the police forensics laboratory and it was negative for blood, negative for dust, negative for glass, for anything.
00:42:36
There's not a drop of blood on this weapon. There's not a speck of glass on this weapon. And you know, for him to
00:42:44
have had a gun in his hand, used the gun in a threatening position, pointed it over his shoulder the way
00:42:50
that they're saying that he pointed it over his shoulder, >> right? >> I mean, you would expect to at least see
00:42:56
some blood, >> you know, on the cloth, on the gun, around the cloth, around the gun. We got
00:43:04
nothing. >> And this is the foundation of the lawsuit. If Bracy wasn't holding a gun,
00:43:09
then according to his lawyer, Brian Dunn, the detectives had no cause to shoot. And that's what Scott in the evidence
00:43:17
room has been hired by the Cochran firm to prove. >> We're out to prove that the gun was not
00:43:22
in Emanuel Bracy's hand, but it was in fact in that air conditioning vent all along.
00:43:29
>> The whole time. >> The whole time. >> So, you're going to recreate this entire
00:43:32
scene? >> That's correct. with real cars and real bullets. >> Yes, we have the ability to conduct this
00:43:41
experiment uh in real time to scale under a controlled environment and I think that
00:43:50
would be a tremendously compelling demonstration for the benefit of the court members.
00:44:13
need a shot of the side of the car. We should mark out the cars though. Yeah, right here. This is where the
00:44:21
>> Yep. >> This driver is the one that puts four through his windshield through that
00:44:25
windshield. >> To prove a theory, you have to test that theory. and the evidence room team has
00:44:30
set up shop here at this junkyard in the high desert just outside of Los Angeles
00:44:35
to do just that. >> So, what are you trying to prove with this test? >> So, we are simply going to find out was
00:44:41
the gun in his hand or was the gun in the air conditioning vent? >> They chose this remote location with
00:44:48
good reason. Scott will be working with loaded weapons and live ammunition. We're going
00:44:55
to shoot this car [music] in the same type of way with the same guns and the same ammunition. We're going to
00:45:01
pulverize that glass. >> What we've done here is uh tried to set up the scene as close as possible. Uh
00:45:08
we've brought in an exemplar vehicle of the Lexus that Mr. Bracy was driving. >> So, [music] here's the key point of this
00:45:15
case. When a windshield breaks, it basically turns to dust. when it's hit so many times by powerful rounds.
00:45:24
Absolutely. >> And you can see it here. Absolutely. >> On the on the middle console here, all
00:45:29
over the seats, all of the dust. >> Yes. Let's go straight to X marks the spot where they discharge their weapons.
00:45:36
That's what we need right here. >> All right. We've mapped out the positions of the three vehicles that
00:45:42
were positioned um along the side of the road. And most important, they map out the position of each of the four LAPD
00:45:50
officers who opened fire on Bracy. >> Guzman's the shooter behind the window. So, we've got Guzman from here.
00:45:57
>> 16 ft. >> Perfect. Yeah. So, this would be a door. He's hitting somewhere. >> He's probably
00:46:03
>> right right around here. I think yellow would be good to mark out just the shape
00:46:07
outline of the car. We've also plotted out areas of the car where the the gunshots uh penetrated the vehicle. And
00:46:14
tomorrow we plan to uh conduct an experiment. And you know, if the experiment is favorable to Mr. Bracie,
00:46:21
well, that's great. If it's not favorable to Mr. Bracie, well, there's nothing I can do about that. All we can
00:46:26
do is our job. >> Dawn in the desert. >> All right, guys. Today's the day >> and days of research and preparation
00:46:42
will end in a barrage of bullets. >> So, the first thing that we're going to do is we're going to be placing this
00:46:48
replica handgun in the air conditioning vent, which is similar to uh the uh placement of the bracy gun.
00:46:59
And we're going to be closing this up. So, we'll place this gun right here. Now we've got a third replica gun. We'll
00:47:07
place this here on the uh uh center console. >> Scott wants to test Bracy's story that
00:47:14
the gun was in the air conditioning vent when police opened fire. >> We're going to do the four shots with
00:47:21
Detective Guzman. Uh the first uh part of the shooting experimentation today is going to be uh replicating the four
00:47:29
shots discharged by uh Detective Guzman while sitting behind the wheel of his car through his windshield.
00:47:36
>> All right, we're loaded in three, two, one. Over the next several hours, Scott and his team fired round after
00:47:56
round. This next shot is uh Detective Walters, >> attempting to recreate every shot fired
00:48:05
at Gracie by the police. >> This is Detective Warell. One shot. Our distance here is about 24 ft.
00:48:19
With the last shot fired, it's time to check the results. >> Yeah, right there. Some buck shot right
00:48:25
there. But I think this is the shot right here. Came right through his head. That is exactly the shot. Look at all
00:48:30
the glass debris that's coming out this way. All right, let's see what we got on
00:48:34
the inside. >> These are the guns that were out in the car that were not in the AC vent.
00:48:38
>> That's correct. You can still see quite clearly this gun is covered in debris.
00:48:43
This gun we placed in the hand of our mannequin. I mean, it's covered in dust and pulverized glass.
00:48:50
>> And the gun hidden in the same location that Bracy's gun was found. >> Does the gun have any dust on it?
00:48:56
>> No, it doesn't have any dust on it at all. No dust, no blood, no debris of any
00:49:01
kind. >> So, that says to you, >> Emanuel Bracie was in fact not holding that gun when the officers discharged
00:49:11
their weapons. >> There's just no way he had a gun in his hand. >> It's impossible. Based on that
00:49:15
conclusion, Scott and his team prepared this presentation with their results. At
00:49:21
trial, a lawyer for the city of Los Angeles insisted the three officers did see Bracie with a gun in his hand, and
00:49:28
whether he was pointing it at the police or attempting to hide it in the vent, his hand came up with a gun in it, and
00:49:34
the detectives had a reasonable perception of imminent threat. The lawyers argued that this was the
00:49:39
critical point in the case. The detectives believed their lives were in danger and responded to that threat.
00:49:46
>> Bracie didn't necessarily have to be found to be holding a gun. It's just that the police officers have to think
00:49:55
that he's holding a gun. Isn't that right? They just have to have a reasonable fear.
00:50:00
>> That's true. The officers need to establish that they reasonably felt in fear for their life.
00:50:12
In the end, after all that time and all that work, the jury never saw Scott's presentation. The reason, the state's
00:50:19
forensic expert just happened to be on vacation in China and was not able to testify. And after some legal wrangling,
00:50:27
neither was Scott. >> Explain that. >> Well, I was a rebuttal expert on this case. So that means I was meant to rebut
00:50:35
the testimony of one of their experts. So they they decided not to call their expert witness to testify,
00:50:41
>> which means this evidence doesn't get introduced. >> That's correct. >> After nine days of court testimony, the
00:50:49
jury took just 4 hours to return a judgment in favor of the LAPD. >> According to the law, if an officer has
00:50:57
a reasonable expectation of serious bodily injury or potential imminent death, they are justified in using
00:51:05
deadly force. The perception of threat [music] is also at the center of Colleen Mccernin's defense, and Scott and his
00:51:12
team will tackle that next. With the Bracy case behind them, the evidence room team gets down to work on
00:51:30
the upcoming Mccernan murder trial. Their mission to see if the evidence matches Colleen's story. First, a simple
00:51:38
test to answer a simple question. >> How could she have fired all of those 10 rounds so quickly?
00:51:45
>> Well, that's what we endeavored to find out. >> So, as soon as you fire, I hit stop.
00:51:49
>> As soon as I start firing, and then as soon as you hear it stop, hit stop. >> Got it. And we'll get it as close as we
00:51:56
can get it. >> All right. Loading. 2.61 seconds. >> That's under three. >> That's under three.
00:52:13
>> Should we try it again? >> Let's try it again. Let's This time I think we should have uh Patrick try it.
00:52:18
Pat, you want to come over here? Back when we were having our uh round table, Patrick and I kind of disagreed pretty
00:52:25
uh uh pretty much about how fast you could shoot those shots. He doesn't believe that we could fire 10 shots in
00:52:32
under three seconds. So, let's not share him our results just yet. Pat, I just did my test.
00:52:37
>> So, why don't you go ahead and uh and load up >> 2.2. >> So, yeah, two seconds.
00:52:51
>> Yeah. So, yeah, I think that right there proves, >> you know, and I'm not a professional
00:52:57
firearms handler. Um, >> and she is. So, that told you she could have fired it that quickly.
00:53:03
>> Absolutely. >> Next up. >> All right. So, now four feet. Four feet. >> A test to try to determine just how
00:53:11
close Colleen was to Rob when she shot him. She says he was close and coming at her.
00:53:18
>> Jeez. >> How close were they? That was a very important question to answer. So Scott
00:53:28
conducts a stippling test. >> It's getting pretty close. I mean, it's between two and three feet so far right
00:53:37
now. We needed to get the uh exact same ammunition. Um and then we set up these individual targets that are made covered
00:53:46
with white cotton and we shoot that target and we see what kind of a pattern it leaves with regard to the gunshot
00:53:51
residue. Oh, there we go. See, you can see that pretty well even without the black light.
00:54:02
See, now we're we're getting pretty close. I still don't think we're there, but we're pretty close. Let's look at that
00:54:09
picture. See how tight it is right here? Right. >> Their goal match the pattern left from
00:54:14
powder burns found on Rob McCernon's face, giving them an estimation of Colleen's distance from Rob at the time
00:54:20
of the shot. That's the best one yet. >> Yeah, pattern wise, it has the most similarities.
00:54:30
>> And I've got a pretty good spread here. >> This is pretty This is pretty good. I
00:54:34
like this one. >> So, once you found the pattern that matched the pattern on Rob's face, how
00:54:40
far away were you? >> Give or take a few inches. Two feet. >> And Colleen had said she was
00:54:47
>> about two feet away when she discharged her gun. >> So, >> it matches. I mean I think the stippling
00:54:53
test is done. I think we have an answer on that. >> And finally >> penetrating into the temporal and
00:54:59
occipital loes of the brain penetrates into the right occupit. Um all right. So we've got the
00:55:06
>> using data from the coroner's report along with the crime scene photos. The team attempts to make a visual model of
00:55:13
the 10 shots Colleen McCernan fired at her husband. >> You actually poke holes in the
00:55:19
mannequin. Yeah, we probe the mannequin with trajectory rods. The autopsy report
00:55:24
might read two inches to the left of the center line of the head. 6 in down, we have a gunshot wound. Downward
00:55:31
trajectory, slightly left to right. And that'll give us a good indication of where the bullet entered, where the what
00:55:38
anatomy the bullet traversed, and where ultimately the bullet landed. >> So, should we just penetrate right
00:55:43
through here? >> Okay. So, if this is 90°, right? >> So, we slightly upward. slightly upward.
00:55:49
>> It's slow and tedious work. >> All right, so let's take a picture of this cuz I think this is a good one.
00:55:55
>> One of the most difficult parts of Colleen's story to confirm is the order of the shots. Remember, she says her
00:56:01
first shots were to Robert's face as he was upright and moving toward her. >> So, we've got four shots on the
00:56:07
posterior side, one to the right buttock, one, two, three to the left lateral flank.
00:56:18
The prosecution maintains she shot him in the back first as he was trying to leave and that she shot him in the face
00:56:24
last when he was already down on the ground. And so they continue to work. >> Um, actually bring your hand to your
00:56:32
left. Let's let's take it to his right anterior midline. >> Hour after hour. >> One, two, three, four, five.
00:56:39
>> Shot. Seven, eight, nine, 10. >> After shot. >> Shot five. Mid right chest. 50 and 12 in
00:56:45
above the sole of the right foot. Shots six through nine are unaccounted for. >> What's shot eight? Another entrance to
00:56:51
the left back. >> Eventually for Scott, the pieces of this jigsaw puzzle begin to come together.
00:56:58
>> After we placed all of the trajectory rods on the mannequin, it became very clear that a lot of what uh is happening
00:57:06
here is starting to make sense. >> But because Scott is not an expert in bullet wound analysis, he turns to
00:57:12
someone who is. >> Uh good morning, Dr. Spitz. How are you today? >> Good morning. I'm well, thank you. Good.
00:57:17
>> Dr. Daniel Spitz, a boardcertified forensic pathologist and chief medical examiner for Mcome County, Michigan. Dr.
00:57:25
Spitz was hired by Colleen's lawyer to testify on the medical examiner's report regarding Rob Mccernin. And he's been
00:57:32
talking with Scott. >> Obviously, you know, we're dealing with 10 gunshot wounds. And certainly,
00:57:38
there's a sequence to those wounds. Determining a sequence is very very difficult when you're [clears throat]
00:57:44
simply looking at a deedant's body. Your overall description uh is is very accurate. I think what's important is
00:57:53
that we don't know exactly which is the first and the second because we have two
00:57:58
wounds involving the face. Could we be uh could it be two is the first wound and number one is the second? Sure.
00:58:05
you know, from all indications now with your research and your expert opinions and and the work that we've done up
00:58:11
until this point, um I I think it's I think it's starting to fit together. >> Um
00:58:18
Colleen has given an account of what has of what occurred. Um then really we need to look at the at
00:58:27
the evidence to see if the account that she gives makes forensic sense or not. And at this point, um, the time frame,
00:58:37
the movement of the body, the shots, the number of shots, his final position, and
00:58:44
really the the forensic evidence that's available, uh, really does fit with the scenario that she has given.
00:58:54
>> For Scott, it seems he has the answers he's been looking for. Now, all that's
00:58:59
left for the evidence room is to prepare their presentations for court. So I think this is his body position as shot
00:59:05
number one. Maybe not so stiff and ragged, but can you take him from this position and move him into this position
00:59:11
>> or like this a little bit? >> Yeah, that's that I think that's probably the position he was in
00:59:18
>> when she Yeah, when she shot when she made that first shot. >> But one question still remains. Will
00:59:23
their work be enough to convince a jury that Colleen Mccernan shot her husband in self-defense? The prosecution doesn't
00:59:31
think so. When the defense started uh talking about how the first two shots were in the mouth, that was unbelievable
00:59:42
to me. We added in um the evidence markers. So we have everything from where the gun
00:59:59
was at in its resting location shell. >> After months of research and testing >> and then also so I have in resting
01:00:09
location of of >> the evidence room team puts the final touches on their presentation for
01:00:16
Colleen Mccernan's upcoming trial. >> So can we bring Colleen into the scene [music] now? Okay. So now this position
01:00:24
ultimately is our final moment in time. >> Correct. >> I [music] think this is perfect. We get
01:00:31
together and then start playing out these theories inside [music] of that controlled environment to see if what
01:00:38
we've tested does all make sense. >> Let's see shot number two. Okay. And that that's also perfect. Great work,
01:00:45
[music] Phil, cuz now he's starting to cascade down. Now, here is ultimately the final conclusion that we came to uh
01:00:55
with regard to this investigation. So, here is where she holds out the gun, then he reaches in and then at the
01:01:03
moment of the first discharge, the second one, then we've got our third shot. Now, you can see when we get to
01:01:09
the fourth shot, he starts blading to his left on the fifth shot. Then, we have the shot that goes through his arm
01:01:14
into his armpit into [music] his chest. and now he's turning. He falls down. >> So, I think that that's all extremely
01:01:21
consistent with Colleen's statement. >> But when the prosecution sees the animation pre-trial, they quickly moved
01:01:28
to try to keep it from being shown in court. >> When we first received it, uh we looked
01:01:34
at a lot of different things, compared them to the coroner's report. They were not consistent.
01:01:40
Um, so we our concerns, we filed motions ahead of time to keep it out because it
01:01:45
was inaccurate. Jurors these days like to see that kind of stuff. If they have a video that they can see, they'll like,
01:01:51
"Okay, maybe that is how it happened." But it was inaccurate. >> So, will the jury ever see the
01:01:56
animation? >> How [music] important do you think your work is to this case? >> I think it could be critical.
01:02:05
Opening statements will begin today in the trial that will answer the question, self-defense or coldblooded murder.
01:02:11
Colleen McCernan [music] is accused of killing her husband, Rob McCernan. >> On April 19th, 2016, almost 16 months
01:02:19
after the New Year's Eve shooting of Rob McCernan, Colleen Mccernan's trial for murder begins.
01:02:26
Colleen pulled the trigger 10 [music] times and she hit him 10 times. The evidence will show you
01:02:38
that this defendant, Colleen Mccernan, committed murder. >> I think what this evidence is really
01:02:46
going to show at its end is the old saying that some of you may have heard that you never know what someone's
01:02:53
dealing with behind closed doors. And that's what this case is all about. >> So trial begins. Are you prepared to
01:03:00
testify? >> Absolutely. I am prepared to testify and I'm looking very [music] much uh to
01:03:06
getting on the stand. >> The state begins its case with testimony about the New Year's Eve party.
01:03:12
>> I could see her out the back door and she was pointing at Rob and she was yelling. I said she has to either stop
01:03:20
screaming or they had to go. One or the other had to happen. but they couldn't continue this way in the backyard.
01:03:26
>> I got on Facebook not long after they left and saw that a wife had shot and killed her husband and
01:03:34
I just >> and testimony from responding personnel. >> I went upstairs. I immediately saw the
01:03:40
the victim on the floor. >> I noticed the uh a hole to his lower uh left side. I noticed a hole in the
01:03:48
center of his chest and also what was what looked to be a half moon shaped cut out of his lip um from I'm assuming a
01:03:58
bullet in his mouth. >> I noticed that there were numerous teeth that were shattered and there was some
01:04:04
there was severe damage to the maxul area the upper jaw >> and then prosecutors turned to their
01:04:10
forensic experts. This particular item is a Glock model 26 9mm Luger semi-automatic pistol. All 10 fired 9mm
01:04:22
Luger cartridge cases were fired in the submitted Glock pistol. >> His cause of death is classified as a
01:04:31
homicide. >> On the stand, forensic pathologist Dr. Frank Miller is very clear about the
01:04:38
number of shots and the damage they did, >> which is broken down eight gunshot wounds of trunk, two gunshot wounds of
01:04:45
head. Um, and then I note that there's bleeding in the right chest, the left chest, the abdomen, and around the
01:04:51
heart, and perforations of brain, heart, lungs, liver, pancreas, aorta, spleen, left kidney.
01:04:59
But as to the sequence of shots, he says it's unlikely that determination could be made from the evidence available in
01:05:06
this case. >> It's extremely difficult. That's why my reports always say they're numbered 1 to
01:05:11
10, but there's no regard to how severe they are or what the order or chronological sequence is.
01:05:18
Ladies and gentlemen, uh the state has rested and uh we are at the stage of the proceedings at which time uh the defense
01:05:26
is choosing to present uh evidence at this time. >> The defense team presents its case with
01:05:32
testimony from experts in psychology. She knew what he was capable of when he was drunk, when he was mean. And her
01:05:39
perception at that time of the risk to her life uh was different in my opinion than a person who had not had a battered
01:05:50
woman's syndrome >> and testimony from forensic expert Dr. Daniel Spitz. What to a reasonable
01:05:56
degree of medical and scientific certainty uh in the realm of forensic pathology were you able to opine in this
01:06:04
case? >> Well, I was able to opine that um the the injuries occurred over a brief
01:06:11
period of time. I was able to indicate that Mr. Mr. Mccernan was shot while in an upright position and that uh the
01:06:20
sequence that I indicated was certainly a very plausible sequence based on the evidence and that they were in very
01:06:28
close proximity within a couple of feet at the time that he sustained the wounds.
01:06:33
>> Scott Rotor is standing by waiting to testify. >> I've got my ticket bought, my bags are
01:06:39
packed, and I am being left in the dark. Nobody's telling me anything. >> So, do you finally get that call?
01:06:45
Actually, I don't think it was a call. I think it was a text message from Ian and
01:06:49
he said, "Scott, we're not going to use you." >> Ian Freriedman, Colleen's attorney, said
01:06:54
the judge so limited the scope of Scott's presentation that Ian decided not to use it. So, the jury never sees
01:07:01
the animation and never hears from Scott. And so, Colleen is called as the final defense witness.
01:07:18
Did you shoot Robert Mccernan on December 31st, 2014? >> Yes, I did shoot. >> Did you pull that first trigger on the
01:07:28
evening of December 31st, 2014? >> I was defending myself. Without the animation to show the jury,
01:07:37
the defense chooses another method of demonstrating what Colleen says happened that night.
01:07:43
>> And he grabs me, pulls me out of the car, and he was hoisted me up and covered my mouth in dirt, took me
01:07:52
back to the took me back to the the front of the house. >> Defense attorney Eric Long and Kylie
01:07:58
Mccernan demonstrate for the jury how her husband restrained her >> and He said, "You're not going
01:08:06
anywhere." And he's moving towards me and we're both moving and I'm coming here and I'm like, "Back up, back up,
01:08:11
back up." And he [ __ ] me and that's when I fired the gun. >> But prosecutor Dave has a few questions
01:08:19
of her own. >> Isn't it fair to say actually that Rob was getting ready to leave?
01:08:27
>> No, he was not leaving. >> You were angry. You grabbed the gun and went after him. Isn't that true?
01:08:36
>> No, I was trying to leave the house. I was trying to leave. >> You shot Rob in his buttock area first. Isn't that
01:08:46
true? >> No, he was facing me at the top of the stairs when he was coming towards me and
01:08:52
I was screaming, "Back up, back up, back up." And he didn't. >> And as he's turning, realizing what you
01:08:57
were doing, you shot him three more times in the back. Isn't that true? >> No, he was facing me.
01:09:04
>> Then you continue to shoot him as he's turning towards you. Correct. >> No, that's incorrect.
01:09:09
>> And then as he's going down, you shoot him two more times in the chest. Isn't
01:09:14
that true? >> No. No. He was facing me. >> And then as you walked up to him and saw
01:09:20
him laying down on that ground or on that floor, you put two more shots in his mouth. Isn't that true? Oh, this is
01:09:29
not true at all. >> Okay, >> nothing further, your honor. [clears throat] >> The jury has seen seven days of
01:09:38
testimony as well as clear evidence of the damage left behind on the faces of Rob's parents, Kathy and Dennis
01:09:46
Mccernan. >> I'm never ever going to be the same. I'm going to miss my son forever.
01:09:52
>> What has Colleen done to my family is destroyed our family. completely. >> This horrific crime has just ripped my
01:10:03
soul out. >> And the faces of Colleen's parents, Gary and Jan Owen. >> Never thought 28 years ago when Colleen
01:10:15
was basically an infant that uh I'd ever be standing here and talking about a situation like this. It's been awful
01:10:21
>> from the start. It's it's a tragic situation no matter how it turns out. Now, both families can only wait for the
01:10:30
jury's decision. >> Deliberations are now underway in the Colleen McCernan murder trial. 10 men
01:10:37
and [music] two women now responsible for deciding the fate of the 28-year-old. >> I I don't know what to expect. I'm
01:10:44
anxious for some closure, especially today. But on the other hand, I'm afraid of today. you're just waiting
01:10:54
for the phone to ring. The jury's in or the jury, you know, what is going on? We
01:10:59
don't know, but we're prepared for whatever decision the jury makes. >> But no one was prepared to hear that
01:11:04
after 2 days of deliberations. >> Ladies and gentlemen, uh you have considered the case for a considerable
01:11:11
period of time and uh I have now uh received your note um indicating that you are unable to reach a verdict. The
01:11:20
jury's decision was no decision at all. >> Based upon the jury's inability to reach
01:11:27
a decision in this case, uh I uh will declare a mistrial >> deadlocked. What you think?
01:11:35
>> Well, uh I think it demonstrated that the prosecutor didn't have a good enough
01:11:44
uh evidence >> when the verdict came out. I mean, I just cried. I didn't know what was going
01:11:50
to happen. It just left me in limbo. >> It's disappointing, but glass half full.
01:11:56
She's not in jail today. >> But the state intends to [music] try Colleen again. Since the end of her first trial,
01:12:13
Colleen Mccernin has been home under house arrest, anxiously awaiting the start of her second trial for the murder
01:12:20
of her husband, Robert Mccernan. >> So, you're saying that if it was this and then he turned and and this happened
01:12:30
here? >> Now, the night before her trial begins, Colleen is doing what she can to help
01:12:35
her new defense team, lawyers Laura Mills and Max Hilner. So, these ones here are moving that way.
01:12:43
>> Yeah, the bullets. >> With just 10 weeks to prepare their case, Colleen's new legal team has faced
01:12:48
many challenges. Not the least of which is that neither lawyer has ever tried a murder case before.
01:12:54
>> We have really, really worked hard. We've worked weekends. We've worked nights. We have um just helped each
01:13:00
other as much as we can get ready. So, if he's leaning forward like that though, then the shot sequence is fine.
01:13:07
>> Also here to help is Scott Rotor. It was difficult for me to tell visually the stippling pattern related to number
01:13:15
first shot and the second shot. That first meeting was incredibly productive and it was truly a
01:13:22
meeting of the minds. Our theory is the left lip shot is second. Its stippling patterns is contained within the pattern
01:13:28
of gunshot room one. >> This time around the team is determined to use what they can of Scott's
01:13:34
presentation. We have every intention of utilizing the animation this time. When
01:13:38
talking to the jurors from the first trial, they indicated that would have been helpful.
01:13:42
>> Visual evidence is the most powerful thing. You have to remember the juryy's going to forget about 75% of everything
01:13:51
everybody says. >> Colleen is the most important part of the trial without question. Then what we
01:13:56
build around her is the science. It's very important that shot sequence. very important to see that animation and so
01:14:02
they can visualize what went on. >> On the morning of August 23rd, 2016, Colleen Mccernin finds herself once
01:14:10
again in front of a judge and jury and facing a new team of prosecutors, Dennis Bar and Melissa Day.
01:14:18
>> So, state of Ohio, you may present your opening statement at this time. The state is confident, ladies and
01:14:25
gentlemen, that after you have heard all of the evidence that you will be convinced that this defendant did not
01:14:32
act in self-defense but committed a coldblooded act of murder. >> On New Year's Eve 2014, Colleen Mccernin
01:14:41
was faced with a choice. To defend her life or to have her life taken. >> Once again, the jury hears from a parade
01:14:50
of witnesses. And I looked at him, I said, "Listen, she's either got to shut the f up or she's got to get the f out."
01:14:58
>> There was something posted that a wife had shot and killed her husband. >> This particular item I can recognize as
01:15:05
a Glock, Model 26 pistol. >> There were two gunshot wounds to the mouth. >> The cause of death is multiple 10
01:15:12
gunshot wounds of head and trunk. The manner of homicide was recommended to the coroner,
01:15:18
>> but this time, >> please state your full name for the record. Scott George Rotor.
01:15:22
>> Do you own your own company? >> Yes, I do. >> What's the name of that company?
01:15:26
>> Uh, Evidence Room. >> Scott gets a chance to present some of his work to the jury.
01:15:30
>> Video number one essentially is a combination of transitions uh between the case file materials that I was given
01:15:39
uh and my CGI model, which is a computer graphic image. Video number three essentially is um my review of Dr.
01:15:51
Miller's autopsy report. He describes uh the you know the positioning of each of the 10 gunshot wounds. I was scanning
01:16:01
the jury as I was talking and I saw a lot of people you know okay they understand they got it. So we use those
01:16:07
measurements to plot out the uh gunshot wounds on the victim. And then there was
01:16:13
cross. >> Yes. >> First of all, you were not present on December 31st, 2014. Correct.
01:16:20
>> No, I was not there. >> Okay. >> Prosecutor Day uses her cross-examination to challenge Scott and
01:16:27
his work. >> Now, you had indicated that one of the things that you had reviewed with
01:16:32
regards to video three was the autopsy report of Dr. Miller. >> Yes. Let me ask you this. Are you a forensic
01:16:43
pathologist? >> No. >> Are you aware that Dr. Miller also testified that he could not provide a
01:16:49
specific sequence of shots based on the wound patterns that he found in the medical evidence?
01:16:55
>> Yeah, I'm aware. How sure are you that this is how it happened? >> Well, I would call this the most
01:17:01
probable version of the events based on the evidence. >> So, it's still a version. It's still a
01:17:08
theory. >> Correct. But a probable version, a probable theory. >> So you are telling me you are doing
01:17:15
additional medical determinations beyond what the coroner themselves. >> It's not medical.
01:17:19
>> It's not medical. >> No. >> All right. Thank you. I have no further questions. You're on.
01:17:23
>> And once again, Colleen takes the stand to tell her story. >> And I'm like, I'm leaving, you know, I'm
01:17:29
leaving. And I'm trying to walk towards the stairs and and he's like, you're not going
01:17:35
anywhere. And I ended up raising the gun and he saw and I started screaming back
01:17:39
up, back up, back up. And he did it and he didn't. So I pulled the trigger. >> And again, Colleen is crossed by the
01:17:46
prosecution. >> Stand up, please. [snorts] >> Objection. >> Okay. Sustained. Mr. Bar, if you are
01:17:53
going to ask the witness to do something, then ask her to >> put your arms on like you're shooting a
01:17:57
gun. Please. >> Did you get this close? >> Overruled. >> He was very close. You're pointing at my chest,
01:18:06
right? >> I don't know. [laughter] I just pulled the trigger >> and he could have went like this,
01:18:11
couldn't he? He could have grabbed that gun if he was that close. >> He was close enough. Yes.
01:18:16
>> After 6 days of testimony, >> she is not a battered woman. Ladies and gentlemen,
01:18:22
she is a [clears throat] murderer. The evidence proves it. And I ask you to return that verdict.
01:18:31
Thank you. We ask that you return a not guilty verdict to the charge of murder against Colleen McCernan.
01:18:38
>> Both sides rest and for a second time the case goes to the jury. >> So going into deliberations, what are
01:18:45
you thinking? >> I'm thinking we had an acquitt. I felt very good uh that we had an
01:18:51
acquitt. Uh but things don't always go as you think. Ladies and gentlemen of the jury, with
01:18:59
additional time, do you believe that it would be possible for you to reach a unanimous verdict?
01:19:05
>> Deja vu all over again. The same identical deliberation. Um, they deliberate for two days,
01:19:17
they come back, they're deadlocked again. >> Again, >> again. Because you are unable to reach a
01:19:24
verdict, I will declare this case a mistrial. >> All that work, >> we're right back where we started.
01:19:30
>> How frustrating is that? >> It's very frustrating, but you know, that's the jury system that we have. Um,
01:19:39
uh, you know, I guess at this point maybe we get ready for round three. >> But as it turned out, there would be no
01:19:47
round three. 6 months after the second mistrial, the state of Ohio had had enough. On March 17th, 2017,
01:19:57
>> it has been brought to the court's attention that a resolution uh of this matter has been reached.
01:20:05
>> Colleen and her family and the Mccernin family find themselves back in court one
01:20:10
last time. Miss McCernon, then as to one count of voluntary manslaughter, a felony of the first degree,
01:20:21
>> how do you plead? >> Guilty. >> As to the firearms. >> And with that one word, more than two
01:20:26
years of waiting for justice are over. >> The prosecutor called my lawyers and presented a plea offer. I decided that
01:20:36
what was best for me, my family, um was to take the plea offer. I I I can't look
01:20:44
at I can't go up against life and jail one more time and [music] sit through it all over again.
01:20:50
>> I could see there was, how do I put this? Justice served to a certain point. All right. It's not the
01:20:57
type of justice I wanted to see. We lost our son Okay. Over a vicious act from a lunatic
01:21:09
woman. >> We know that they lost a son, a brother, a dad. Um, we know, we understand that.
01:21:17
And I can tell you I can tell the mccernan family and and uh and everyone that Colleen is sorry that Rob is dead,
01:21:26
but she's not sorry for defending herself. [snorts] It will be the further sentence of the court that you serve a
01:21:32
total prison term of seven years. >> I thought she'd turn around and say how sorry she was for her actions on that
01:21:41
night on December 31st, 2014. She did not. >> In this situation, there's no winner and
01:21:52
nobody nobody's coming out on top. And it's not lost on me. the pain um that Rob's family's feeling. And
01:22:03
I hope that they're able to find peace and healing um and move forward and are able [music] to let it all go.
01:22:35
>> [music] [music]